HomeMy WebLinkAbout15.F.3. Massage Center and Massage Therapist Licensing
IS.F.3.
UPDATE TO MEMO OF MARCH 24, 2003
ON
MASSAGE CENTER/MASSAGE THERAPIST LICENSING
April 11 , 2003
The City has received a request of Cynthia Graves to be able to practice therapeutic
massage in Shakopee, but not within a massage center or in her home with a home occupation
permit. She would like to be able to practice therapeutic massage in a client's home or place of
business. As drafted, the City Code provides for therapeutic massage within a massage center in
the business district or within the home with a home occupation permit or within a physical
therapy clinic, bona fide sports and fitness establishment, or athletic facility. Ms. Graves is
unable to conduct a home occupation because the by-laws of her condominiuni association
prohibit conducting a business of any sort from her home.
One of the recommendations in the staff memo is to allow the practice of massage in the home of
the client or in a business. If this were incorporated into the city code, it will still not help Ms.
Groves. She still needs a home occupation permit or the massage center license. It would be
necessary to add an additional exception to the massage center licensing which would allow the
practice of massage as long as the therapist is a licensed massage therapist. And this amendment
only is half of the problem. The zoning ordinance also requires home businesses to obtain a
home occupation permit. The zoning ordinance would need to be amended. I doubt that it
would be in the best interest of the city to discontinue regulating home occupations.
Other cities that allow for massage at the home of the client or in a business do not require
licensing. Staff does not recommend discontinuing the licensing of massage centers and massage
therapists. Ms. Graves may have to limit her massage therapy to cities that do not require
licensing, or work in a massage center until such time as she relocates to an area that does not
prohibit a home occupation.
.~-I' Dear Mayor and City Council Members:
As you consider making changes in the city code that governs massage therapy
March T went9-5ix pertaining to outcalls (taking portable massage equipment and supplies to a
client's home) and on-site chair massage, please consider the following.
2 0 0 7
In August of this year I will graduate from the 662 Hour Professional Massage
Therapy Program at Touch of Life School of Massage in Eden Prairie, MN; and
under the code governances as currently structured, I would essentially not be
able to legally practice massage therapy (for reasons listed below). It is my belief
Cynthia Graves that while certification from a school, such as Touch of Life, which holds its stu-
dents to rigorous standards, is much more meaningful than a license, many people
880 5waps Drive mistakenly think that it is the "license" itself that confers competency to the mas-
F ostal Box 61+ sage therapist. Massage credentialing is not commonly well understood by the
5hakopee MN layperson; LMT means Licensed Massage Therapist, and CMT means Certified
55379 Massage Therapist. Certification always carries more weight concerning creden-
tialing than Licensure.
I own a condominium in the Shenandoah development that is nestled just west of
}f~~*~~~~~~;t~~~?3*tllj{~~~~~r:$.~~~~r{:f!f*t~;~~. Canterbury Downs. The by-laws of my association absolutely PROIDBIT me
~A~(j~' UA~J5 fi'om conducting a business of any sort from my home. If the code were changed,
I could legally travel to people's homes or businesses and practice massage ther-
'" ^ 5 5 ^ 6 t apy. There is a demand and, thus, a need to include these aspects of massage
r~~t~~~~~~~m~i:t~).~~if~~?~j$:14~3~j~{:?:":z~r.{:$~~~~~~~~; therapy in Shakopee's license credentialing. After spending nearly two years
studying and developing competency in many different massage modalities and
. swevlLsVl MCl.SS"0e spending nearly $9,000 in tuition, books and equipment, it would be an injustice
. nLgger "PoLV\,t Tl1ercrp!j were I not allowed to legally practice massage therapy inasmuch as I will need to
. Ref!..exologl::l travel to clients' homes and! or businesses to do so as some of my colleagues do.
. Ll::lIM;PVl DrCl~v\'Clge Time did not permit my investigation of other city codes before your meeting,
. ov\'-s~te seatecl CVl"~r
. M!jofClSC~Cll Release but I will pose the question, "How does Shakopee's code compare to that of other
. SpCl Treliltl1A..eVlts .5 "Proclucts Minnesota cities?" Either other cities' codes allow for traveling to clients' homes
and businesses, or there are a lot of massage therapists doing to without the
y_ tIllite'" dtd1ena fJ1 ~ blessing of their communities; let there be no question about that.
~}5;i C!jVltVlU:.! CjYlilves, CMT I wish I could be at the meeting Tuesday evening to speak to you personally and
"~ii::Sf CtrtIflllt Utmsttl, 1nsurm
. , 952.402.0751 to answer any questions you may have as you deliberate on this important sub-
~ J"re "'DIIlliC lifc-frmiYfJ oiu &. ts5Illll.Js ject, but I am driving to Kansas to pick up my newly wed daughter who will live
with me for the months or year that her husband will be in Iraq. Please call me if
.r..: you have any questions or ifI can help in any way. Attached is a copy of a letter
,If, of recommendation from my school which lists, in part, some of the modalities I
~%?~~~::::;:... am competent to perform. I would very much appreciate being apprised of your
'~~~i~~~: decision.
Work in Finally, it would be a pleasure to bring my chair to a future meeting and give you
Progress-my each a complimentary I5-minute seated chair massage. I know you'd love it!
future business
card!! Thank you for your time and consideration.
Sincerely,
(I~40 /clLeU<.fb
Touch of Life School of Massage
701\1 Fly;~"'" 1""1"'UA T\_;U^ ~n;+^ #255
7"'" '.I. .I.Ue, ~.I." U ..1-'.1..1.,,'" IJU.l.a.",
Eden Prairie, MN 55344
Phone: (952)996-9655
March 20, 2003
To "\\'hom It May Concern:
Cindy Graves has successfully completed 378 hours oftraini..'1g at Touch of
Life School in Eden Prairie. She has had comprehensive instnlction in
Anatomy, Physiology, and Kinesiololgy. She is skilled in many modalities
of massage, including Basic Swedish, Trigger Point Therapy, Lymph
Drainage, Reflexology, Myofascial Release, and Seated Chair. I personally
have received a massage from her and found her technique to be exemplary.
Please receive this letter as a recommendation for internship. I beiieve she
would be an asset to any business involved in the art of healing.
Sincerely,
j~~\,~~~
Tammy Lynn Glime
School Administrator
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Message Center/Message Therapist Licensing
DATE: March 24, 2003
INTRODUCTION:
City Council is asked to consider amending the City Code relating to the licensing of message
centers and message therapists.
BACKGROUND:
The City has received a request from Mr. Craig Ballard, Salon St. John & Spa, to repeal or
significantly revise the City Code relating to massage centers and massage therapists. Inhis
letter, Mr. Ballard points out that neighboring communities do not regulate massage therapy and
that the licensing process causes delay in replacing staff quickly.
In recent years there have also been inquiries about the ability to do chair massage for employees
at places of business; and, the ability to go into a home and offer massage therapy to someone
who is unable to leave their home. Our current City Code restricts massage therapy to the place
of business identified on the license.
The Shakopee City Code requires licensing for massage centers and massage therapists. The
State does not license massage therapists. Massage centers are limited to six in number and must
be located in a commercial district or within hotels, motels and conference centers in the major
recreation district ofthe City. There are a few exceptions including sports and fitness
establishments and home occupations when a conditional use permit is obtained. The City Code
has additional requirements, similar to those in other cities who also license massage centers,
Sec. 6.40 and massage therapists, Sec. 6.41. Massage therapists must meet certain educational
requirements, Sec. 6.41, Subd. 3.
Information has been obtained from 13 cities regarding their requirements for massage therapy.
Of the 13 cities, six do not license massage centers and massage therapists: Eden Prairie,
Chanhassen, Apple Valley, Stillwater, New Prague and New Hope.
Of seven additional cities, three license massage centers and massage therapists, three license
massage therapists, but not massage centers, and one licenses massage centers but not the
massage therapists. See Exhibit "A" attached. Four ofthe seven cities allow the massage
therapist to go into homes and businesses. Only Shakopee and Chaska require the massage
center to carry insurance. Only Shakopee limits the number of massage center licenses it will
issue - to six. All seven cities have educational requirements and all but Chaska conduct
background investigations on applicants. Shakopee' s fees have been reduced over the years and
are not out of line with those of other cities.
Although not included in the Exhibit "A" attached, we are aware of some additional cities that
also license massage centers and massage therapists: Roseville, Minnetonka,
Eagan, Coon Rapids, Bloomington, Brooklyn Center, Redwood Falls, and Oakdale.
Shakopee currently licenses one massage center (since 1999); and, four home occupation permits
have been issued. Over the past 10 years or so, five additional massage center licenses have been
issued and the businesses have corne and gone.
HISTORY:
After considerable research, the City Attorney in 1991 redrafted the massage center and massage
therapist sections of the City Code. This was done to update the 1970' s ordinance recognizing
the ever-changing massage therapy profession. The $2,000 massage center license fee and
investigation fee were reduced to $300 and $330 respectively. Educational requirements were
added for the massage therapist.
In 1997 City Council amended the City Code, at the request of a massage therapist, removing
language requiring photographing and finger printing of massage therapists and adding language
to allow a licensed massage therapist to operate a home operation with a conditional use permit,
outside the commercial district and to allow a health and sports establishment to operate with a
conditional use permit.
In March of 1999 City Council amended the City Code, at the request of a massage therapist, to
allow licensing if the massage therapist hadn't received a diploma or certificate but was currently
enrolled in school and had completed 160 hours of course work that would lead to the diploma or
certification within one year.
In August of 1999 City Council amended the City Code, at the request of a massage therapist, to
change the definitions from "Masseur" and "Masseuse" to "Massage Therapist", and to reduce
the massage center license fee and investigation fee from $315 and $345 to $150 to $150
respectively.
In November of 200 1 City Council amended the City Code, at the request of a massage therapist,
to no longer require a massage therapist to provide proof from a doctor that they have no
communicable disease when granted a license or renewal of a license.
ALTERNATIVES:
There are a number of issues that could be considered in response to inquiries received.
1. License message centers. Do license or do not license.
2. License message therapists. Do license (insures education) or do not license.
3. Perform massage at patron's place of employment and in the home of a customer-
outside the licensed premises. Do allow or do not allow.
4. Background investigations on applicants. Do require or do not require.
HOUSEKEEPING CHANGES:
In addition to the above issues, staff is recommending the clarification of the current language in
the City Code that exempts from licenses chiropractors and nurses working solely under the
direction of a chiropractor. The new language would not only exempt chiropractors and nurses,
but also persons performing therapeutic massage who are working solely under the direction of a
chiropractor. This would conform to current practice, as well as how staff has been interpreting
the city code.
RECOMMENDATION:
1. Staff recommends continuing to license massage centers.
2. Staff recommends continuing to license message therapists.
3. Staff recommends allowing massage therapists to perform massage at a patron's place of
employment and in the home of a customer - outside the licensed premises. New.
4. Staff recommends continuing conducting background investigations on both massage
centers and massage therapists. Over the last 10 years or so, all massage center licensees
have also been licensed as massage therapists, except in the case of Salon St. John & Spa,
Mr. Ballard was not licensed as a massage therapist.
5. Staff recommends deleting from the City Code requiring evidence of insurance for
massage centers. New.
6. Staff recommends deleting from the City Code limiting the number of licenses for
massage centers to six. New.
7. Staff recommends clarifying the city code exempting from licensing chiropractors and
persons performing therapeutic massage who are working solely underthe direction of a
chiropractor.
REQUESTED ACTION:
Give staff direction on any desired changes to the City Code in order that an appropriate
ordinance may be prepared and brought back to City Council for consideration at a later meeting
regarding:
1. Licensing of massage centers
2. Licensing of massage therapists
3. Practicing therapeutic massage outside the licensed establishment
4. Requiring background investigations on applicants
5. Requiring insurance for massage centers
6. Limiting the number of massage centers to six
7. Clarify exemption of licensing for massage therapists who work for a chiropractor.
I: \clerk\judy\massage- 2003
Allowed to
License License go to homes Background Educational Require
Centers Therapists Fees and businesses Check Requirements Insurance
SHAKOPEE Yes Yes Center $150 No Yes Diploma or Yes
Investigation $ I 50 currently enrolled
Therapist $110 Yes with 160 hours
Investigation $100
FARMINGTON Yes Yes Center $50 No Yes 100 Hours No
Investigation $300
Therapist $50 Yes
Investigation $200
SA V AGE Yes Yes Center $300 Initial No Yes 200 Hours No
$100 Subsequent
Therapist $100 Initial Yes
$50 Subsequent
Investigation $ I 00
BURNSVILLE Yes No Center $75 Yes Yes 100 Hours No
Investigation $100
PRIOR LAKE No Yes Therapist $250 Yes Yes Diploma plus No
Investigation $100 70 Hours
LAKEVILLE No Yes Therapist $25 Yes Yes Diploma plus No
Investigation $100 100 Hours
CHASKA Yes Yes Therapist $100 Yes No Diploma plus Yes
No-if licensed Center $2500 Yes 400 Hours
therapist Investigation $500
EDEN PRAIRIE, CHANHASSEN, APPLE V ALLEY, STILL WATER, NEW PRAGUE, NEW HOPE - No licenses required
ROSEVILLE, MINNETONKA, EAGAN, COON RAPIDS, BLOOMINGTON, BROOKLYN CENTER, REDWOOD FALLS, OAKDAKE - License
both massage centers and massage therapists
February 27, 2003
Mayor William Mars & Council
City of Shakopee
129 Holmes Street
Shakopee,~ 55379
Subject: Request for Abolishment or Change of Code in regard to Massage Therapy.
Dear Honorable Mayor & Council:
I am requesting that city code be abolished or significantly revised to allow the Hair SalonlDay Spa
Industry to become viable & competitive in Shakopee. Current code is ililnecessary, cumbersome & a
managerial nightmare for small business. Eden Prairie, Chanhassen & most communities don't regulate
massage therapy. The State does not deem it necessary to.regulate massage therapy.
Salon St. John & Spa is currently the only full service Salon/Dayspa in Shakopee. Our main competition
is: Spalon Montage(Chanhassen), The Sanctuary(Eden Prairie), Salon 2000(Eden Prairie), Flagship
Health Club(Eden Prairie) & American Looks Salon(Mystic Lake). None of these businesses have to
complv with city specific code in regard to massage therapy. i.e. background checks. educational
requirements; insurance mandates. facility inspections & other restrictions & mandates that do nothing to
improve public safety. All SalonlDayspas are regulated & inspected by the State under Cosmetology.
Current city code was erroneously influenced by single operator massage therapists wanting to limit
competition. Their influence helped put in place excessive educational requirements, unnecessary
documentation requirements, unnecessary background checks, & hyped the code as necessary to "keep
out prostitution." Nothing could be further from the truth. If sexual indiscretions exist amongst
therapists, it would be these single operators that work unsupervised out of small offices, their homes,
or go to a client's residence(sometimes a hotel) to perform massage. The risk of bad publicity & lost
clients is too great for a Salon/Dayspa to tolerate indiscretions of any kind. Our clients are 90% women
& the hair side accounts for 75-85% of revenue. Even a false rumor could mean extreme economic
hardship ~ our women clients would go elsewhere to have their hair done.
My business draws a clientele with a high disposable income & they're willing to drive. My last spa
group were 8 women from Woodbury. I can't schedule these groups anymore because stafftumover is an
industry reality & background check requirements prohibit/inhibit replacing staff quickly. This is a
horrible situation for my employees & the bottom line of my business. Ultimately this is bad for our
community, the "trickle around" doesn't happen in Shakopee, it goes to Woodbury, Edina or Eden Prairie.
I appreciate your thorough consideration. My hope this can go before council in the very near future.
S6.40
SEC. 6.40. MASSAGE CENTERS AND SAUNAS.
Subd. 1. Definitions. As used in this Section, the following words and terms shall have the
meanings stated:
A. "Massage" means the practice of rubbing, stroking, kneading, tamping, or rolling
of the body with the hands or any instrument, for the exclusive purpose of
relaxation, physical fitness, or beautification, and for no other purpose.
B. "Massage center" means an establishment in the business of providing massage
services either to the public or as a private club.
C. "Sauna" means a room used for the purpose of bathing, reducing, or relaxing,
utilizing steam or hot air as a cleaning, reducing, or relaxing agent.
Subd. 2. License Required. It is unlawful for any person to engage in the business of keeping,
conducting, or operating any massage center or sauna, which is open to the public or for which any
charge or fee is made or any money or thing of value is solicited or received without a license
therefor from the City.
Subd. 3. LicensinQ ReQuirements.
A. Initial License Application. All initial applications shall be accompanied by a non-
returnable investigation fee in the amount set forth in the Fee Schedule. Each
application shall contain the names and address of the owners, lessees and
operators of the proposed massage center or sauna, together with a description
and location of the premises. The application shall include information as to any
conviction of any crime or offense committed by anyone listed on the application,
together with such other information as the Council may require. All applications
by corporations shall include the names and addresses of all persons having a
beneficial interest therein. Prior to consideration of the application by the Council,
an investigation shall be made by the Building Official to determine compliance
with this Section, of all premises proposed to be licensed and by the Police
Department of all persons listed on the license application.
B. Renewals. Each license shall expire on December 31 of that year. Licenses must
be renewed annually. The renewal application shall be accompanied by an annual
fee as set forth in the Fee Schedule. For a renewal, the applicant must provide full
information as required for initial licenses for any new owners, lessees, or
operators proposed to be involved in the massage center or sauna, and also
provide any changes in the name, address, criminal record, or other relevant
information of any other owner, lessee, or operator. The Building Official and/or
the Police Department may conduct an investigation prior to any renewal.
Subd.4. Exceptions. This Section shall not apply to the following establishments or people:
A. A health care facility licensed by the State of Minnesota.
B. A health care facility owned by the State of Minnesota or any of its agencies.
page revised In 2001
650
S6.40
C. A medical clinic or hospital, so long as the massage is performed by a physician,
chiropractor, osteopath, podiatrist, or nurse working under the direction of such
person.
D. A physical therapy clinic, bona fide sports and fitness establishment, or athletic
facility, so long as the massage is performed by a physical therapist, athletic
director, person licensed under Section 6.41 of this Code, or trainer. (Ord. 502,
September 18, 1997)
E. A beauty parlor or barbershop, so long as the massage is performed by a
beautician or barber, and treatment is limited to the scalp, face, and neck.
F. A person who has obtained a license under Section 6.41 of this Code and who has
obtained a home occupation permit pursuant to Section 11.81, Subdivision 6 of this
Code. (Ord. 502, September 18, 1997)
Subd. 5. Restrictions and Reaulations. A license may be revoked, suspended, or not renewed
by the City upon a showing that the licensee, its owners; managers, employees, or agents have
violated any of the following restrictions and regulations:
A. Licenses may be granted only for operation upon fixed premises which must be
located in the general commercial districts or within hotels, motels and conference
centers in the major recreation district of the City as established by the zoning laws
of the City. The total number of licenses issued shall be limited to six (6). (Ord.
539, February 25, 1999)
B. Licenses shall be granted only upon a showing of compliance with all laws of
sanitation.
C. No beer, liquor, narcotic drug or controlled substances, as such terms are defined
by State Statutes or by the City Code, shall be permitted on licensed premises.
D. No licensee, owner, manager, employee, or agent may engage in habitual
drunkenness or intemperate use of a controlled substance as defined in Minnesota
Statutes.
E. Only masseurs and masseuses licensed by the City may perform massage, except
as provided in Subdivision 4 above. Any person acting as a masseur or masseuse
in a massage center or sauna shall display his or her license in a prominent place
in the massage center or sauna.
F. A license shall not be granted or renewed if granting the license (1) would be
inconsistent with the comprehensive development plans of the City, or (2) would
otherwise have a detrimental effect upon the property or properties in the vicinity.
G. Violation of any law or regulation relating to health, building, building maintenance.
safety, or other provision of the City Code or State law shall be grounds for denial
or revocation of a license.
H. The application must not contain any false, fraudulent or deceptive statements.
page revIsed in 2001
651
96.40
I. No applicant or any employee or proposed employee shall have been convicted or
pled guilty within the previous three (3) years of a violation of this Section, or of any
law prohibiting prostitution, pandering, keeping a disorderly house, criminal sexual
conduct, any sex crime under Minnesota Statutes, Chapter 609, or a crime
involving moral turpitude.
J. No applicant or any employee or proposed employee may be under eighteen (18)
years of age.
K. The applicant has not, within one (1) year prior to the date of application, been
denied licensure or had its license revoked.
L. No massage center or sauna may discriminate between persons on the basis of
race, color, creed, sex, or national origin or ancestry.
M. All massage center and sauna licensees shall comply with any and all
amendments to this Section. Failure to do so shall be grounds for revocation of a
license.
N. The licensee shall furnish the Police Department with a list of current employees
indicating their names, addresses and which employees are practicing massage as
a part of their duties. The licensee shall promptly notify the Police Department of
any change in the list.
O. The licensee shall permit and allow the inspection of the premises during business
hours by the Building Official, police officers, and health officers, without a warrant
for searches and seizures.
P. Upon request by any police officer, any person employed in any licensed premises
shall provide identification including his or her true legal name and correct address.
Subd. 6. Resident Manager or AQent. Before a license is issued under this Section to an
individual who is a non-resident of the City, to more than one (1) individual, or to a corporation,
partnership, or association, the applicant shall designate in writing a natural person who is a
resident of the City to be manager and in responsible charge of the business and upon whom
service of process may be made. Such a person shall remain responsible for the conduct of the
business until another suitable person has been designated in writing by the licensee. The licensee
shall promptly notify the Police Department in writing of any change indicating the name and
address of the new manager and the effective date of such change.
Subd. 7. Submission of Plans and Specifications. All persons who hereafter construct,
extensively remodel, or convert buildings or facilities for use as massage centers or saunas, which
are open to the public, shall comply with the requirements of the Building Code and the Plumbing
Code. To the extent the Building Code or Plumbing Code does not impose stricter requirements,
the provisions of this Section shall govern.
Subd. 8. Construction and Maintenance Reauirements.
A. Floors, walls and equipment in sauna rooms, massage rooms, restrooms,
bathrooms, janitor's closet, hallways, and reception area used in connection
therewith must be kept in a state of good repair and clean at all times. Linens and
other materials shall be stored at least twelve (12) inches off the floor. Clean
towels and wash cloths must be made available for each customer.
page revised in 2001
652
96.41
B. Individual lockers shall be made available for use by patrons. Such lockers shall
have separate keys for locking.
C. The doors to the individual massage rooms or saunas shall not be equipped with
any locking device and shall not be blocked or obstructed from either side.
Subd. 9. Insurance Required. Each applicant for a license under this Section shall file with the
City a public liability insurance policy or certificate of insurance from a company authorized to do
business in Minnesota, insuring the applicant against any and all loss arising out of the use,
operation or maintenance of the massage center. The policy of insurance shall be in limits of not
less than the statutory limits of liability for a municipality. .Failure to keep in full force and effect the
insurance required herein is grounds for revocation.
Subd.10. Unlawful Acts.
A. It is unlawful for any person to commit, attempt to commit, conspire to commit, or
aid or abet in the commission of, any act constituting a violation of this Section,
f'v":... whether individually or in connection with one (1) or more persons or as a principal,
agent or accessory.
B. It is unlawful for any licensee to fail to, at all times, observe all restrictions,
regulations and maintenance requirements contained in this Section.
C. It is unlawful for any person to falsely, fraudulently, forcibly or willfully induce,
cause, coerce, require, permit or direct another to violation any of the provisions of
this Section.
D. It is unlawful for any licensee to allow the licensed premises to be open for
business or allow patrons to be on the premises between the hours of 3:00 o'clock
A.M. and 8:00 o'clock A.M. of the same day.
E. It is unlawful for any licensee, agent, or employee of a licensee to hinder or prevent
a police, building, or health officer from making any inspection at any time. (Ord. 1,
April 1, 1978; Ord. 79, November 1, 1981;Ord. 310, May 23,1991)
SEC. 6.41. MASSEUR AND MASSEUSE LICENSE.
Subd. 1. Definitions. As used in this Section, the following words and terms shall have the
meanings stated:
A. "Massage" has the definition provided in Section 6.40.
B. "Massage Therapist" means a person who, for compensation, practices
massage. (Ord. 552, September 2. 1999)
Subd. 2. License Required. It is unlawful for any person to practice massage without a license
therefor from the City Clerk. (Ord. 502. September 18, 1997)
Subd. 3. Licensinq Requirements.
page revised in 2001
653
96.41
A. License Application. All applications for a license to practice massage shall
contain information as the Council may, from time to time, require. All applicants
shall be at least eighteen (18) years of age. (Amended, Ord. 615, November 15,
2001 )
B. Renewals. Each license shall expire on December 31 of that year. Licenses must
be renewed annually. The renewal application shall be accompanied by a medical
certificate from a physician duly licensed to practice medicine in the State of
Minnesota stating that the applicant has no communicable disease. The renewal
application also shall be accompanied by an annual fee as set forth in the Fee
Schedule.
C. Initial Applications. All initial applications shall be accompanied by a non-
returnable investigation fee in the amount set forth in the Fee Schedule. All initial
applications also shall be accompanied by such other information as required by
the Shakopee Police Department. including releases of information. (Ord. 502.
September 18, 1997)
D. Educational Requirements.
1. Each applicant for a massage license shall furnish with the application
proof of the following:
a. A diploma or certificate of graduation from a school approved by
the American Massage Therapist Association or other similar
reputable massage association;
b. A diploma or certificate of graduation from a school which is either
accredited by a recognized educational accrediting association or
agency, or is licensed by the state or local government agency
having jurisdiction over the school; or
c. Current enrollment in such an approved, accredited, or licensed
school and successful completion of at least 160 hours of course
work that will lead to a degree within one (1) year. Failure to
obtain a degree within one (1) year will result in revocation of the
license. (Ord. 541, March 11, 1999)
2. Each applicant shall also furnish proof at the time of application of a
minimum of 100 hours of successfully completed course work in the
following areas:
a. The theory and practice of massage, including, but not limited to,
Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques;
and
b. anatomy, including, but not limited to, skeletal and muscular
structure and organ placement; and
c. hygiene.
Subd.4. Exceptions. This Section shall not apply to the following people:
page revised in 2001
654
96.42
A. A physician, chiropractor, osteopath, podiatrist, or nurse working under the
direction of such person.
B. A physical therapist, athletic director, or trainer.
C. A beautician or barber, provided treatment is limited to the scalp, face, and neck.
Subd.5. Restrictions and ReQulations. All licensees shall:
A. Display current licenses in a prominent place at their place of employment.
B. Upon demand of any police officer at the place of employment, produce correct
identification.
C. Practice massage only at such location as is designated in the license.
D. Inform the City Clerk in writing of any change in location prior to such change.
.~.
E. Refrain from habitual drunkenness or intemperate use of a controlled substance as
defined by Minnesota statutes.
F. Refrain from engaging in conduct involving moral turpitude.
G. Refrain from any conduct which results in a conviction or plea of guilty to
prostitution, criminal sexual conduct, or other sex crime under Minnesota Statutes,
Chapter 609.
H. Require that the person who is receiving the massage shall have his/her buttocks,
anus and genitals covered with an appropriate non-transparent covering.
I. At all times during the performance of a massage remain fully clothed in non-
transparent clothing. (Ord. 502, September 18, 1997)
J. Comply with the requirements of the City Code and Minnesota Statutes.
K. Refrain from engaging in any conduct which would constitute grounds for refusal to
issue a license. (Ord. 1, April 1, 1978; Ord. 79, November 17,1981; Ord. 310, May
23, 1991)
SEC. 6.42. MOTION PICTURE THEATER LICENSE.
Subd. 1. License Required. It is unlawful for any person to give, present or conduct any motion
picture, slide show, or theatrical, for admission to which a fee is charged, excepting performances
given solely for the benefit of and under the supervision of a religious, education, charitable or
fraternal organization without having first secured a license therefor as is herein provided.
Subd. 2. Applications. Applications for such licenses shall be made on forms provided by the City
Administrator and shall include all information required by said Administrator.
Subd. 3. Repealed.
page revised in 2001
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